Judgment

P. JAGANMOHAN REDDY, J.: The Appellant Babu Lal Hargovindas carries on business of selling milk in the City of Ahmedabad. On 2-12-1965 at about 8 a. m the Food Inspector Mangulal C. Mehta visited the Appellant s shop, disclosed his identity and intimated to him that he was purchasing the milk for analysis. Thereafter 700 ML. milk which was being sold as cow s milk was purchased from him. It was divided into 3 parts and poured into three bottles in each of which he added sixteen drops of formalin as preservative. The bottles were then corked, sealed and wrapped and signatures of the Panch one Adambhai Rasulbhai were taken on the seals and wrappers. Of the three bottles that were then sealed one was given to the Appellant, one was kept by the Food Inspector to be produced in the Court as inquired by the provision of Food Adulteration Act 1954. Hereinafter referred to as the Act ) and the third one was handed over that very day at 11.30 a.m. to the Chemist Laxmansingh Vaghela who being authorised by the Public Analyst Dr. Vyas analysed it. The analysis of the sample by Vaghela revealed that the milk was adulterated as it continued total nonfat solids of 7.4% instead of 8.5 pe